The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-07-01
RECORD OF THE COURTS.
Supreme Court.

Supreme Court
Hon. Allen collars. Chief-justioe.
The following opinions were rendered June 81:
STATUTE OF NEUTRALITY-SUSPICIOUS.
I04ol. Dorman N. Davidson, ct al W. Her
vey Bates, ct al Marion S. c. Affirmed
Howk, J.. Elliott, j., absent-The five years
property sold by guardians or commissioners OF
q court, IL suit 10 not commenced within hive
years after the sale is confirmed The statute
commences run from the confirmation. and
this is notwithstanding the fact that at the
time of such confrmation the plaintiffs were,
and for some years after continued TO be infants
the will of Governor Noble, the court adheres to
10th indiana 395. involving construction OF
that will
COUNTY AUDIToR--TERM OF OFFICE
13447. .Adolph Louis Grebel vs. State ex rel,
John B. Neizer. Allen G. G. Aflrmea. Nib
lack, 1.-THE statute of 1855, fixing the tine OF
the commencement of a county auditors term,
implicitly repealed by an inconsistent con
no statute in force prescribing when the
term of a county auditor shall be held to begin
On that subject the Constitution governs.
Where there has been an unbroken succession or
terms from the adoption OF the Constitution
until the present time, and no general
acquiescence In a different day or time, the com
mencement of county auditors term dates
back and is governed by the time at which the
term of the auditor who Was in Office when the
Constitution took effect expired. But where the
regular succession of terms has been broken,
either by intervening vacancies or other Incl
dental causes. the term of q newly elected auditor
begins when the regular four-years' term, or
the provisional term, as the case may be. of his
predecessor expires, and this results independent
ly of any statute which may have been or may
hereafter be enacted the subject.
SURFACE wATER-NUIsANcE.
1850 Trick D. Reed VS.. John w. Cheney.
Clinton C. c. Affirmed Mitchell. J.-Suit be-
cause of surface water flowing plaintiffs land by
defendants excavations. Where owner of
land fills up q culvert lawfully built, thereby
causing a highway to become impassible, and
constructs a ditch, and collects the surface water
into a channel which is discharged in body on
the defendants land, there is nuisance which
entitled the defendant to restore the culvert, do
ing no unnecessary injury.
NEUTRALITY-SUSPICIOUS.
1873 James Brown State. Switzerland
c. G. Affirmed. Elliott, IA Judgment in a
criminal case will not be reversed because the
verdict does not state whether the intent was to
commit voluntary or Involuntary mansaughter.
1868 Sophia Stern VS.. VIM. Vest ct al.
Hamilton c. G. Dismissed Mitchell 1.-The
facts involved stated in 10S Ind, 232, when
the appeal was dismissed. The reasons which
induced the former dismissal prevail now.
1924 George f. johnson ct al VS.. Charles E.
Hosford ct al. Vigo G. G. Rehearng denied.
1lO79 Catherine A. Miller ct al. vs. Jacob l..
Green Marion c. G. Rehearine denied
13440 Center township vs. Board or Com
missioners Marion county. Tippecanoe C. e.
Rehearing denied.
1905 Joseph B. Agnew jr, VS.. Geo. Starr.
Starke C. c. Dismissed.
Court adjourned until Sept. 20, 1887.